Borough of Harveys Lake, PA Article I On-Lot Sewage Disposal Facilities

[Adopted 5-16-2007 by Ord. No. 4-2007[1]]

[1] Editor's Note: This ordinance superseded former Art. I, Construction of Individual Sewage Disposal Facilities, adopted 1-22-1968 by Ord. No. 14, as amended.

§ 37-1 Short title: introduction; purpose.

A. This article shall be known any may be cited as "An ordinance providing for a Sewage Management Program for the Borough of Harveys Lake, Luzerne County, PA."

B. In accordance with municipal codes, the Clean Streams Law (Act of June 22, 1937, P.L. 1987, No. 394, as amended, 35 P.S. §§ 691.1 to 691.1001), and the Pennsylvania Sewage Facilities Act (Act of January 24, 1966, P.L. 1535, as amended, 35 P.S. § 7.50.1 et seq., known as "Act 537"), it is the power and the duty of the Borough of Harveys Lake to provide for adequate sewage treatment facilities and for the protection of the public health by preventing the discharge of untreated or inadequately treated sewage. The Official Sewage Facilities Plan for the Borough of Harveys Lake indicates that it is necessary to formulate and implement a sewage management program to effectively prevent and abate water pollution and hazards to the public health caused by improper treatment and disposal of sewage.

C. The purpose of this article is to provide for the regulation, inspection, maintenance and rehabilitation of on-lot sewage disposal systems, to further permit intervention in situations which may constitute a public nuisance or hazard to the public health, and to establish penalties and appeal procedures necessary for the proper administration of a sewage management program.

§ 37-2 Definitions.

A. As used in this article, the following terms shall have the meanings indicated:

AUTHORIZED AGENT

A sewage enforcement officer, employee of the Borough, professional engineer, plumbing inspector, or any other qualified or licensed person who is authorized to function within specified limits as an agent of Harveys Lake Borough to administer or enforce the provisions of this article.

BOROUGH

The Borough of Harveys Lake, Luzerne County, Pennsylvania.

COMMUNITY SEWAGE SYSTEM

Any system, whether publicly or privately owned, for the collection of sewage from two or more lots, and the treatment and/or disposal of the sewage on one or more lots or at any other site.

COUNCIL

The Council of the Borough of Harveys Lake, Luzerne County, Pennsylvania.

DEP

The Department of Environmental Protection of the Commonwealth of Pennsylvania.

DEPARTMENT

The Department of Environmental Protection of the Commonwealth of Pennsylvania (DEP).

HOLDING TANK

Any watertight receptacle that receives and retains sewage and is designed and constructed to facilitate the ultimate disposal of the sewage at another site. Holding tanks include but are not limited to the following:

(1) "Chemical toilet," which is using chemicals which discharge to a holding tank.

(2) "Retention tank," which is a holding tank into which sewage is conveyed by water.

(3) "Vault pit privy," which is a holding tank designed to receive sewage where water under pressure is not available.

INDIVIDUAL SEPTIC SYSTEM

A system of piping, tanks or other facilities serving a single lot and collecting and disposing of sewage in whole or in part into the soil or into any waters of this commonwealth.

MALFUNCTION

A condition which occurs when an on-lot sewage disposal system discharges sewage onto the surface of the ground, into groundwaters of this commonwealth, into surface waters of this commonwealth, backs up into a building connected to the system or in any manner causes a nuisance or hazard to the public health or pollution of groundwater or surface water or contamination of public or private drinking water wells. Systems shall be considered to be malfunctioning if any condition noted above occurs for any length of time during any period of the year.

OFFICIAL SEWAGE FACILITIES PLAN

A comprehensive plan for the provision of adequate sewage disposal systems, adopted by the Council and approved by the Pennsylvania Department of Environmental Protection, pursuant to the Pennsylvania Sewage Facilities Act.[1]

ON-LOT SEWAGE DISPOSAL SYSTEM

Any system for disposal of domestic sewage involving pretreatment and subsequent disposal of the clarified sewage into a subsurface soil absorption area or retaining tank; this term includes both individual sewage systems and community sewage systems.

OWNER

Any person vested with ownership, legal or equitable, sole or partial, of any property located in the Borough of Harveys Lake.

PERSON

Any individual, association, public or private corporation for profit or not for profit, partnership, firm, trust, estate, department, board, bureau of agency of the commonwealth, political subdivision, municipality, district, authority, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties. Whenever used in any clause prescribing and imposing a penalty or imposing a fine or imprisonment, the term "person" shall include the members of an association, partnership or firm and the officers of any local agency or municipal, public or private corporation for profit or not for profit.

QUALIFIED PUMPER/HAULER

Those qualified to remove and dispose of sewage under the requirements of the Solid Waste Management Act (Act 97 of 1980, 35 P.S. § 6018.101 et seq.) and all other applicable laws and at sites or facilities approved by DEP.

REHABILITATION

Work done to modify, alter, repair, enlarge or replace an existing on-lot sewage disposal system.

SEWAGE

Any substance that contains any of the waste products or excrement or other discharge from the bodies of human beings or animals and any noxious or deleterious substances being harmful or inimical to the public health, to animal or aquatic life, or to the use of water for domestic water supply or for recreation or which constitutes pollution under the Act of June 22, 1937 (P.L. 1987, No. 394), known as the "Clean Streams Law," as amended.

SEWAGE ENFORCEMENT OFFICE (SEO)

A person certified by DEP and who is employed by the Borough of Harveys Lake. Such person is authorized to conduct investigations and inspections, review permit applications, issue or deny permits and do all other activities as may be provided for such person in the Sewage Facilities Act,[2] the rules and regulations promulgated thereunder and this or any other ordinance adopted by the Borough.

SEWAGE MANAGEMENT PROGRAM

A comprehensive set of legal and administrative requirements encompassing the requirements of this article, the Sewage Facilities Act, the Clean Streams Law,[3] the regulations promulgated thereunder and such other requirements adopted by the Council to effectively enforce and administer this article.

SUBDIVISION

The division or redivision of a lot, tract or other parcel of land into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines. The enumerating of lots shall include as a lot that portion of the original tract or tracts remaining after other lots have been subdivided therefrom.

[1] Editor's Note: See 35 P.S. § 750.1 et seq.

[2] Editor's Note: See 35 P.S. § 750.1 et seq.

[3] Editor's Note: See 35 P.S. § 750.1 et seq. and 35 P.S. § 691.1 et seq., respectively.

B. For the purposes of this article, any term which is not defined herein shall have that meaning attributed to it under the Sewage Facilities Act[4] and regulations promulgated thereto.

[4] Editor's Note: See 35 P.S. § 750.1 et seq.

§ 37-3 Applicability.

From the effective date of this article, its provisions shall apply in any portion of the Borough of Harveys Lake. Within such area or areas, the provisions of this article shall apply to all persons owning any property serviced by an on-lot sewage disposal system and to all persons installing or rehabilitating on-lot sewage disposal systems.

§ 37-4 Permit requirements.

A. All persons proposing to install or repair an on-lot sewage disposal system on any lot within the Borough, including those persons proposing to install such a system on a lot 10 acres or larger and who are otherwise qualified for a permit exemption in accordance with the provisions of Section 7(a)(1) of the Act,[1] shall apply to the Borough for a permit for the installation of such system. No person shall install, construct or request bid proposals for construction, or alter an individual sewage system or community sewage system, or construct or request bid proposals for construction or install or occupy any building or structure for which an individual sewage system or community sewage system is to be installed without first obtaining a permit from the sewage enforcement officer, which permit shall indicate that the site and the plans and specifications of such system are in compliance with the provisions of the Clean Streams Law (35 P.S. §§ 691.1 to 691.1001) and the Pennsylvania Sewage Facilities Act (35 P.S. 750.1 et seq.) and the regulations adopted pursuant to those acts.

[1] Editor's Note: See 35 P.S. § 750.7(a)(1).

B. No system or structure designed to provide individual or community sewage disposal shall be covered from view until approval to cover the same has been given by a sewage enforcement officer. If 72 hours have elapsed, excepting Sundays and holidays, since the sewage enforcement office issuing the permit received notification of completion of construction, the applicant may cover said system or structure unless permission has been specifically refused by the sewage enforcement officer.

C. Applicants for sewage permits are required to notify the sewage enforcement officer of the schedule for construction of the permitted on-lot sewage disposal system so that inspection(s) in addition to the final inspection required by the Sewage Facilities Act may be scheduled and performed by a sewage enforcement officer.

D. No building or occupancy permit shall be issued for a new building which will contain sewage-generating facilities until a valid sewage permit has been obtained from a sewage enforcement officer.

E. No building or occupancy permit shall be issued and no work shall begin on any alteration or conversion of any existing structure, if said alteration or conversion will result in the increase or potential increase in sewage flows from the structure, until either the owner of the structure receives a permit for alteration or replacement of the existing sewage disposal system or until the owner of the structure and the appropriate officials of the Borough receive written notification from the sewage enforcement officer that such a permit will not be required. The sewage enforcement officer shall determine whether the proposed alteration or conversion of the structure will result in increased sewage flows.

F. No sewage permit shall be issued for the installation of any on-lot septic system to be installed on a lot smaller than one acre in size.

G. All system components, including absorption areas, must be located on the same lot, tract, or parcel as the structure they will serve. Systems or components cannot be located on a separately deeded parcel, regardless of the parcel's ownership, or through means of an easement, right-of-way, or other instrument.

H. The use of a Terralift machine or conducting a Terralift procedure is hereby deemed to constitute the alteration of an on-lot sewage disposal system, and either or both activities may only be taken pursuant to a permit issued by the SEO. The permit shall validate the absence of a malfunction and conformity of the site with DEP requirements for Terralift procedures.

I. Sewage permits may be issued only by a sewage enforcement officer employed by the Borough. DEP shall be notified as to the identity of each sewage enforcement officer employed by the Borough.

§ 37-5 Inspections.

A. Any on-lot sewage disposal system may be inspected by an authorized agent at any reasonable time as of the effective date of this article.

B. Such inspection may include a physical tour of the property, the taking of samples from surface water, wells, other groundwater sources, the sampling of the contents of the sewage disposal system itself and/or the introduction of a traceable substance into the interior plumbing of the structure served to ascertain the path and ultimate destination of wastewater generated in the structure.

C. An authorized agent shall have the right to enter upon land for the purposes of inspections described in this section.

D. An initial inspection shall be conducted by an authorized agent within one year of the effective date of this article for the purpose of determining the type and functional status of each sewage disposal system in the sewage management district. A written report shall be furnished to the owner of each property inspected, and a copy of said report shall be maintained in the Borough records.

E. A schedule of routine inspections shall be established to assure the proper functioning of the sewage systems in Harveys Lake Borough.

F. An authorized agent shall inspect systems known to be, or alleged to be, malfunctioning. Should said inspections reveal that the system is indeed malfunctioning, the authorized agent shall order action to be taken to correct the malfunction. If total correction cannot be done in accordance with the regulations of DEP, including, but not limited to, those outlined in Chapter 73 of Title 25 of Pennsylvania Code, or is not technically or financially feasible in the opinion of the authorized agent and a representative of DEP, then action by the property owner to mitigate the malfunction shall be required.

G. If there arises a geographic area where numerous on-lot sewage disposal systems are malfunctioning, a resolution of these areawide problems may necessitate detailed planning and a revision to the portion of the Sewage Facilities Plan pertaining to areas affected by such malfunctions. If a DEP-authorized Official Sewage Facilities Plan revision has been undertaken, repair or replacement of individual malfunctioning sewage disposal systems within the area affected by the revision may be delayed, pending the outcome of the plan revision process. However, immediate corrective action will be compelled whenever a malfunction, as determined by Borough officials and/or DEP, represents a serious public health or environmental threat.

§ 37-6 Operation.

Only normal domestic wastes shall be discharged into any on-lot sewage disposal system. The following shall not be discharged into the system:

A. Industrial waste.

B. Automobile oil and other nondomestic oil.

C. Toxic or hazardous substances or chemicals, including, but not limited to, pesticides, disinfectants (excluding household cleaners), acids, paints, paint thinners, herbicides, gasoline and other solvents.

D. Clean surface water or groundwater, including water from roof or cellar drains, springs, basement sump pumps and french drains.

§ 37-7 Maintenance.

A. Each person owning a building served by an on-lot sewage disposal system which contains a septic tank shall have the septic tank pumped by a qualified pumper/hauler within six months of the effective date of this article. Thereafter that person shall have the tank pumped at least once every three years or whenever an inspection reveals that the septic tank is filled with solids or with scum in excess of 1/3 of the liquid depth of the tank. Receipts from the pumper/hauler shall be submitted to the Borough within the prescribed six-month and three-year pumping periods.

B. The required pumping frequency may be increased at the discretion of an authorized agent if the septic tank is undersized, if solids buildup in the tank is above average, if the hydraulic load on the system increases significantly above average, if a garbage grinder is used in the building, if the system malfunctions or for other good cause shown. If any person can prove that such person's septic tank had been pumped within three years of the six-month anniversary of the effective date of this article, then that person's initial required pumping may be delayed to conform to the general three-year frequency requirement, except where an inspection reveals a need for more frequent pumping frequencies.

C. Any person owning a property served by a septic tank shall submit, with each required pumping receipt, a written statement, from the pumper/hauler or from any other qualified individual acceptable to the Borough of Harveys Lake, that the baffles in the septic tank have been inspected and found to be in good working order. Any person whose septic tank baffles are determined to require repair or replacement shall first contact a sewage enforcement officer for approval of the necessary repair.

D. Any person owning a building served by an on-lot sewage disposal system which contains an aerobic treatment tank shall follow the operation and maintenance recommendations of the equipment manufacturer. A copy of the manufacturer's recommendations and a copy of the service agreement shall be submitted to the Borough within six months of the effective date of this article. Thereafter, service receipts shall be submitted to the Borough at the intervals specified by the manufacturer's recommendations. In no case may the service or pumping intervals for aerobic treatment tanks exceed those required for septic tanks.

E. Additional maintenance activity may be required as needed, including, but not necessarily limited to, the cleaning and unclogging of piping, servicing and the repair of mechanical equipment, leveling of distribution boxes, tanks and lines, removal of obstructing roots or trees, the diversion of surface water away from the disposal area, etc.

§ 37-8 System rehabilitation.

A. No person shall operate or maintain an on-lot sewage disposal system in such a manner that it malfunctions. All liquid wastes, including kitchen and laundry wastes and water softener backwash, shall be discharged to a treatment tank. No sewage system shall discharge untreated or partially treated sewage to the surface of the ground or into the waters of the commonwealth unless a permit for such discharge has been obtained from DEP.

B. A written notice of violation shall be issued to any person who is the owner of any property which is found to be served by a malfunctioning on-lot sewage disposal system or which is discharging sewage without a permit.

C. Within seven days of notification by the Borough that a malfunction has been identified, the property owner shall make application to the sewage enforcement officer for a permit to repair or replace the malfunctioning system. Within 30 days of initial notification by the Borough, construction of the permitted repair or replacement shall commence. Within 60 days of the original notification by the Borough, the construction shall be completed unless seasonal or unique conditions mandate a longer period, in which case the Borough shall set an extended completion date.

D. A sewage enforcement officer shall have the authority to require the repair of any malfunction by the following methods: cleaning, repair or replacement of components of the existing system, adding capacity or otherwise altering or replacing the system's treatment tank, expanding the existing disposal areas, replacing the existing disposal area, replacing a gravity distribution system with a pressurized system, replacing the system with a holding tank, or any other alternative appropriate for the specific site.

E. In lieu of, or in combination with, the remedies described in Subsection D above, a sewage enforcement officer may require the installation of water conservation equipment and the institution of water conservation practices in structures served. Water-using devices and appliances in the structure may be required to be retrofitted with water-saving appurtenances, or they may be required to be replaced by water-conserving devices.

F. In the event that the rehabilitation measures in Subsections A through E are not feasible or effective, the owner may be required to apply for a permit to install a new system of a different type or to DEP for a single residence treatment and discharge system. Upon receipt of said permit, the owner shall complete construction of the system within 30 days.

G. Should none of the remedies described in this section be totally effective in eliminating the malfunction of an existing on-lot sewage disposal system, the property owner is not absolved of responsibility for that malfunction. The Borough may require whatever action is necessary to lessen or mitigate the malfunction to the extent necessary, including ordering the property owner to connect to the public sewer system, if it is available.

§ 37-9 Individual residential spray irrigation systems (IRSIS).

A. All applications for on-lot systems which propose to use an individual residential spray irrigation system as the treatment method shall be accompanied by one of the following:

(1) A maintenance agreement between the landowner and an individual, firm, or corporation experienced in the operation and maintenance of sewage treatment systems.

(2) A maintenance agreement between the landowner and an association, trust, or other private entity which is structured to and which accepts the responsibility for proper operation and maintenance of the individual residential spray irrigation system.

B. Applications for individual residential spray irrigation systems shall be accompanied by a financial guarantee of a type and character acceptable to Harveys Lake Borough.

C. The financial guarantee shall assure that the Borough has access to sufficient funds to operate, maintain, repair or replace any component of the individual residential spray irrigation system in the event that the owner:

(1) Fails to maintain the system or any of the system's components according to the manufacturer's specifications; or

(2) Fails to service, clean, inspect, and/or pump the treatment tank(s) according to the other applicable standards of this article; or

(3) Fails to conduct testing and monitoring at least annually, or more frequently if required by DEP regulation, and report the results of any laboratory analysis to the Borough; or

(4) Voids, cancels, or terminates and fails to replace in a manner approved by the Borough the agreement required by Subsection A of this section.

D. From the date the permit application is submitted to the SEO or Borough, and continuing for a period ending two years after the date the system's installation is approved by the SEO, the financial assurance shall be in an amount not less than 50% of the contract price for the installation of the individual residential spray irrigation system and all piping, tankage, and other related components.

E. Beginning two years after the date the system's installation is approved by the SEO, and continuing for the system's design life, the financial assurance shall be reduced to an amount not less than 10% of the actual construction cost for the installation of the individual residential spray irrigation system and all piping, tankage, and other related systems.

F. The financial guarantee shall be forfeited by the landowner and the Borough shall apply the funds to the repair, operation, or maintenance of the system when:

(1) The system is not maintained according to the standards of this article, applicable DEP regulations, or the manufacturer's specifications; or

(2) The treatment tank(s) are not serviced, cleaned, inspected and/or pumped according to the applicable standards of this article; or

(3) The testing and monitoring are not conducted according to the standards of this article, applicable DEP regulations, or the manufacturer's specifications; or

(4) The agreement required by Subsection A of this section is voided, canceled, or terminated and is not replaced in a manner approved by the Borough.

§ 37-10 Replacement areas.

A. A replacement area shall be required for all proposed lots which are intended to be serviced by a soil absorption system, except an IRSIS.

B. A replacement area shall be required for all unimproved lots existing prior to the effective date of this article which are intended to be serviced by a soil absorption system but for which a permit to install an on-lot system has not been issued.

C. Allowance of open land for the replacement area, without performance of appropriate soil testing to verify suitability of the land for a replacement area, shall not constitute compliance with the requirements of this section.

D. The location of the primary and replacement areas shall be delineated and identified as an absorption area easement on the plot plans, maps, and diagrams submitted as part of the permit application and subdivision or land development plan.

E. The description, including metes and bounds, of every absorption area easement shall be recorded as part of the deed for each lot created as part of a subdivision or land development and shall contain language reflecting the following:

(1) No improvements, whether permanent or temporary, shall be constructed upon or within the absorption area easement.

(2) No permanent or temporary alterations, grading, excavation, or stockpiling of any soil or other material shall take place in or on the absorption area easement.

(3) During any construction or other activities, the absorption area easement shall be so marked to prevent equipment with greater wheel loading than a common garden tractor/riding mower from traveling over or operating on the absorption area easement.

(4) Final cover or improvement to every absorption area easement area shall be limited to shallow-rooted plant matter.

F. A landowner wishing to alter the use of the absorption area easement must first document, through a site evaluation by the SEO, that an additional area suitable for the installation of an on-lot system exists, and upon such finding shall:

(1) Prepare and submit to the SEO for approval a declaration of easement which shall:

(a) Meet the identification, nonuse and preservation requirements of this section.

(b) Describe, by metes and bounds, the easement area to be abandoned.

(2) Within 15 days of the approval by the Borough, record the declaration of easement at the County Recorder of Deeds Office.

(3) File a copy of the recorded easement with the Borough.

§ 37-11 Holding tanks.

A. Retention tanks, privies, chemical toilets, and related on-lot sewage disposal systems are individual sewage systems and require permits. Because such systems do not provide for final on-lot treatment and disposal of the sewage and require regular service and maintenance to prevent their malfunction and overflow, they shall only be used where the DEP finds and gives written notice to the Borough that the applicable provisions of the Pennsylvania Sewage Facilities Act[1] with respect to the conditions of use and restrictions on use have been met.

[1] Editor's Note: See 35 P.S. § 750.1 et seq.

B. Under no circumstances shall holding tanks be used, either temporarily or permanently, to meet the sewage needs of new construction, including, but not limited to, use of holding tanks in areas scheduled to be served by public sewer at some time in the future.

C. Holding tanks shall not be used to meet the sewage needs of newly constructed seasonal housing.

D. Holding tanks, with DEP approval, may be used to alleviate the problems caused by malfunctioning systems serving seasonal homes in existence at the time this article is passed, but only if all other possibilities of repairing the existing system have failed or are judged by the SEO to be impractical.

E. Retention tanks.

(1) A retention tank shall be large enough to hold at least three days' sewage waste or 1,000 gallons, whichever is greater.

(2) A retention tank shall be constructed of durable material and shall be watertight.

(3) All retention tanks shall be equipped with a warning device to indicate when the tank is within 75% of capacity. Such device shall include both an audible and a visual signal at a location frequented by the homeowner or responsible individual.

F. Privies.

(1) The location of a privy shall be such as to minimize the danger of contamination to water supplies. Under ordinary conditions, the privy shall be at least 50 feet away from and down-gradient from any water sources. The site shall be accessible to the user and approximately 50 feet from any building served, and consideration shall be given to the prevailing wind direction, if possible, to reduce odor nuisances.

(2) The privy shall be constructed of substantial materials using a concrete vault large enough to contain several years of sewage and be provided with a cleanout to assure easy access.

(a) The pit shall be provided with a screened vent, and the seat covers and door shall be made self-closing to prevent the entrance of flies. The privy structure shall be flyproof, well-ventilated, and securely attached to the floor.

(b) An earth mound shall be placed around the privy or a surface water diversion ditch shall be placed around the privy to prevent flooding of the vault.

(c) The seat and cover shall be smooth and easily cleanable.

(d) The door shall be provided with weather stripping for the purpose of insectproofing.

G. Chemical toilets and related on-lot sewage disposal systems shall meet the design specifications of the manufacturer, provided that such specifications allow for a safe and sanitary operation and preclude any potential pollution or health hazards.

H. The collection and transportation of all sewage from any holding tank shall be done solely by a qualified pumper/hauler, and the disposal thereof shall be made only at a site approved by the DEP. Receipts for pumping shall be delivered to the Borough.

I. The property owner on whose land a holding tank exists shall maintain the holding tank in conformance with this or any other ordinance of the Borough, any provisions of applicable law, and the rules and regulations of the DEP.

§ 37-12 Reuse of existing systems for new construction.

A. Existing on-site septic systems may be used to serve the sewage needs of newly constructed homes if the following conditions are all met:

(1) The existing septic system served an occupied home within the year preceding commencement of construction on the new home.

(2) The occupied home was removed or made uninhabitable and disconnected from the existing septic system.

(3) The newly constructed home will not generate a flow of sewage greater than the old home generated.

(4) The existing septic system has no known history of failure and, upon inspection by the SEO, shows no visible signs of failure, either past or present.

(5) The existing septic system is not a cesspool and can be shown not to be a cesspool.

(6) The use of the existing septic system does not violate any other laws, ordinances, or regulations.

B. Existing on-site septic systems may be used to serve the sewage needs of newly constructed housing without complying with Subsection A of this section if the property owner can prove that the septic system meets the current standards set by the DEP for newly constructed septic systems.

C. Existing on-site septic systems that do not qualify under Subsection A or Subsection B above shall not be used to serve the sewage needs of any new construction, either permanent or seasonal.

D. Nothing in this article shall be construed to relieve the property owner of the responsibility to maintain an on-site septic system in working order.

§ 37-12.1 Liens.

The Borough, upon written notice from a sewage enforcement officer that an imminent health hazard exists due to failure of property owner to maintain, repair or replace an on-lot sewage disposal system as provided under the terms of this article, shall have the authority to perform, or contract to have performed, the work required by the sewage enforcement officer. The owner shall be charged for the work performed, and if necessary, a lien shall be entered therefor in accordance with law.

§ 37-12.2 Disposal of sewage.

A. All sewage originating within the sewage management district shall be disposed of in accordance with the requirements of the Solid Waste Management Act (Act 97 of 1980, 35 P.S. § 6018.101 et seq.) and all other applicable laws and at sites or facilities approved by DEP. Approved sites or facilities shall include the following: sewage treatment facilities, wastewater treatment plants, composting sites, and approved farmlands.

B. Pumpers/haulers of sewage operating within the Borough of Harveys Lake shall operate in a manner consistent with the provisions of the Pennsylvania Solid Waste Management Act (Act 97 of 1980, 35 P.S. §§ 6018.101 to 6018.1003) and all other applicable laws.

§ 37-12.3 Administration.

A. The Borough shall fully utilize those powers it possesses through enabling statutes and ordinances to effect the purposes of this article.

B. The Borough shall employ qualified individuals to carry out the provisions of this article. Those employees shall include a sewage enforcement officer and may include an administrator and such other persons as may be necessary. The Borough may also contract with private qualified persons or firms as necessary to carry out the provisions of this article.

C. All permits, records, reports, files and other written materials relating to the installation, operation and maintenance and malfunction of on-lot sewage disposal systems in the Borough shall become the property of, and be maintained by, the Borough. Existing and future records shall be available for public inspection during regular business hours at the official office of the Borough. All records pertaining to sewage permits, building permits, occupancy permits and all other aspects of the sewage management program shall be made available, upon request, for inspection by representatives of DEP.

D. The Borough Council shall establish all administrative procedures necessary to properly carry out the provisions of this article.

E. The Borough Council will establish a fee schedule, and authorize the collection of fees, to cover the cost to the Borough of administering this program.

§ 37-12.4 Appeals.

A. Appeals from final decisions of the Borough or any of its authorized agents under this article shall be made to the Borough Council in writing within 30 days from the date of written notification of the decision in question.

B. The appellant shall be entitled to a hearing before the Borough Council at its next regularly scheduled meeting, if a written appeal is received at least 14 days prior to that meeting. If the appeal is received within 14 days of the next regularly scheduled meeting, the appeal shall be heard at the following regularly scheduled meeting. The municipality shall thereafter affirm, modify, or reverse the aforesaid decision. The hearing may be postponed for a good cause shown by the appellant or the Borough. Additional evidence may be introduced at the hearing, provided that it is submitted with the written notice of appeal.

C. A decision shall be rendered in writing within 30 days of the date of the hearing.

§ 37-12.5 Violations and penalties.

Any person failing to comply with any provision of this article shall be subject to a fine of not less than $500 and costs and not more than $5,000 and costs or in default thereof shall be confined in the county jail for a period of not more than 90 days. Each day of noncompliance shall constitute a separate offense.